Eat Right Foods Ltd. v. Whole Foods Market, Inc et al

Filing 132

STIPULATION AND ORDER ON BRIEFING SCHEDULE signed by Judge Ricardo S Martinez. Defendants' brief and supporting materials due March 23, 2018; Plaintiff's response brief and supporting materials due April 13, 2018; and Defendants' reply brief and supporting materials due April 20, 2018. (PM)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EAT RIGHT FOODS LTD.,
Plaintiff,

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vs.

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WHOLE FOODS MARKET SERVICES,
INC. and WHOLE FOODS MARKET
PACIFIC NORTHWEST, INC.,

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STIPULATION AND ORDER ON
BRIEFING SCHEDULE

Defendants.

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NO. 2:13-CV-02174-RSM

The parties stipulate as follows:
1.

On February 27, 2018, the Court held a status conference in light of the remand

from the Ninth Circuit with counsel for Plaintiff Eat Right Foods Ltd. and Defendants Whole
Foods Market Services, Inc. and Whole Foods Market Pacific Northwest, Inc.
2.

At the status conference, the Court ordered additional briefing limited to those

issues identified by the Ninth Circuit, and ordered the parties to confer and propose a briefing
schedule by March 2, 2018.

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3.

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schedule:

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Plaintiff and Defendants have conferred, and stipulate to the following briefing

a.

Defendants’ brief and supporting materials is due March 23, 2018;

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STIPULATION AND ORDER
ON BRIEFING SCHEDULE
2:13-CV-02174 RSM

-1-

Pirkey Barber PLLC
600 Congress Avenue
Suite 2120
Austin, TX 78701
[phone]

b.

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Plaintiff’s response brief and supporting materials is due April 13, 2018;

c.

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Defendants’ reply brief and supporting materials is due April 20, 2018.

and

By: s/ Jered E. Matthysse
Christopher L. Graff (admitted pro hac vice)
Stephen P. Meleen (admitted pro hac vice)
Jered E. Matthysse (admitted pro hac vice)
Pirkey Barber PLLC
600 Congress Avenue, Suite 2120
Austin, TX 78701
Christopher W. Tompkins (WSBA #11686)
Betts, Patterson, & Mines, P.S.
701 Pike Street, Suite 1400
Seattle, WA 98101
COUNSEL FOR DEFENDANTS
By: s/ Mark P. Walters
Lawrence D. Graham (WSBA #30819)
Mark P. Walters (WSBA #25402)
Lowe Graham Jones PLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
COUNSEL FOR PLAINTIFF

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ORDER

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Based on the foregoing, it is so ORDERED.
DATED: March 5, 2018.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER
ON BRIEFING SCHEDULE
2:13-CV-02174 RSM

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Pirkey Barber PLLC
600 Congress Avenue
Suite 2120
Austin, TX 78701
[phone]